Understand your rights as a renter before signing a lease. Covers reviewing lease terms, security deposit rules, maintenance obligations, privacy rights, rent increase limits, eviction protections, and what to do if your landlord violates the law.
Read every clause of the lease carefully before signing, especially the fine print
A lease is a legally binding contract. Read it completely, including addendums and riders. Key clauses to examine: lease term (month-to-month vs. fixed), rent amount and due date, late fee policy (amount and grace period), security deposit amount and conditions for return, maintenance responsibilities (yours vs. landlord's), pet policy, subletting rules, early termination clause and penalties, and renewal terms. If anything is unclear, ask for clarification in writing. If the landlord promised something verbally (We will repaint before you move in), get it in the lease or as a written addendum. Verbal promises are nearly impossible to enforce.
Document the condition of the apartment with photos and a written checklist before moving in
Do a detailed walk-through on move-in day and photograph every room, including: existing damage (scratches, stains, holes, dents), appliance condition, window and door functionality, plumbing (run faucets, flush toilets, check under sinks), and any cleanliness issues. Use a move-in checklist (many landlords provide one; if not, create your own) and have the landlord sign it. Email the photos to the landlord with a timestamp. This documentation protects your security deposit when you move out. Without move-in documentation, a landlord can claim pre-existing damage was caused by you and deduct it from your deposit.
Understand your state's security deposit laws
Security deposit rules vary significantly by state. Common rules: maximum deposit amount (typically 1-2 months rent, some states cap at 1 month), required placement in a separate interest-bearing account (required in some states), deadline for returning the deposit after move-out (14-60 days depending on state, most commonly 30 days), and requirement for an itemized statement of deductions. Your landlord cannot keep your deposit for normal wear and tear (faded paint, worn carpet, minor nail holes). Excessive damage, unpaid rent, and cleaning beyond normal are legitimate deductions. Know your state's specific rules at nolo.com/legal-encyclopedia/state-security-deposit-rules.
During Your Tenancy: Know Your Rights
Your landlord must maintain the property in habitable condition
The implied warranty of habitability requires landlords to maintain: structural integrity, working plumbing with hot and cold water, working heating (and cooling in some states), functioning electrical systems, pest-free conditions (within the landlord's control), safe common areas, working locks on doors and windows, and compliance with building codes. If your landlord fails to maintain habitable conditions after written notice, you may have remedies including: rent withholding (allowed in some states), repair-and-deduct (make repairs yourself and deduct the cost from rent, allowed in some states), or lease termination. Always notify your landlord of maintenance issues in writing (email creates a timestamp).
Your landlord must provide reasonable notice before entering your apartment
Most states require 24-48 hours advance notice before a landlord enters your unit, except in genuine emergencies (fire, flooding, gas leak). The notice must specify the date, approximate time, and reason for entry. Legitimate reasons: scheduled repairs, showing the unit to prospective tenants or buyers, routine inspections (with notice), and emergencies. Your landlord cannot enter to snoop, harass, or as retaliation. If your landlord enters without proper notice, document it in writing and send a written notice that you expect proper notice in the future. Repeated unauthorized entry may constitute harassment under your state's tenant protection laws.
Understand rent increase rules in your area
Month-to-month leases: landlords can increase rent with proper notice (typically 30 days, 60-90 days in some states). Fixed-term leases: rent cannot increase during the lease term unless the lease specifically allows it. Rent control: cities including New York City, San Francisco, Los Angeles, and others limit annual rent increases (typically 3-10% per year). Some states (Oregon, California) have statewide rent increase caps. Retaliatory rent increases (raising rent because you complained about conditions or exercised a legal right) are illegal in most states. Check your local rent control ordinances at your city's housing department website.
If Problems Arise
Document everything in writing: keep a paper trail of all communications
If you have a dispute with your landlord, written documentation is your strongest protection. Send maintenance requests, complaints, and important communications via email (creates a timestamp and proof of delivery). Save all text messages. If you have a phone conversation, follow up with an email summarizing what was discussed and agreed upon. Keep copies of your lease, all correspondence, receipts for any repairs you made, photos of damage or conditions, and move-in documentation. In a legal dispute, the party with better documentation almost always prevails.
Know the eviction process and your rights if your landlord tries to evict you
Landlords cannot evict you by changing locks, shutting off utilities, or removing your belongings (this is illegal self-help eviction in every state). Legal eviction requires: written notice (3-30 days depending on state and reason), filing a court case if you do not vacate, a court hearing where you can defend yourself, and a court order before any physical removal. You have the right to appear in court and present your defense. Common defenses: the landlord failed to maintain habitable conditions, the eviction is retaliatory (you reported code violations or exercised a legal right), or the landlord did not follow proper notice procedures. Many cities have free tenant legal aid organizations.
Contact local tenant rights organizations if you need help
Free resources: your city or county's tenant rights hotline (search [your city] tenant hotline), Legal Aid Society offices (free legal help for low-income tenants), HUD housing counseling agencies (hud.gov/counseling), and tenant unions or tenant advocacy organizations in your area. Many law schools run free tenant rights clinics. The ACLU and local bar associations often have tenant rights guides specific to your state. If your landlord is discriminating based on race, religion, national origin, sex, familial status, or disability, file a complaint with HUD (1-800-669-9777) or your state's fair housing agency. This guide is informational only, not legal advice.
Frequently Asked Questions
Can my landlord keep my entire security deposit?
Only if the deductions are legitimate and documented. Landlords can deduct for: unpaid rent, damage beyond normal wear and tear (large holes in walls, broken fixtures, stained carpets from pets), and cleaning costs if you left the unit significantly dirtier than when you moved in. They cannot deduct for normal wear and tear: minor nail holes, faded paint, worn carpet from normal use, or minor scuffs. Most states require an itemized statement of deductions sent within 14-60 days. If your landlord wrongfully withholds your deposit, you can sue in small claims court (filing fee: 30-75 USD, no lawyer needed for amounts under 5,000-10,000 USD depending on state). Some states award double or triple damages for bad faith retention.
Can my landlord enter my apartment without permission?
Not without proper notice except in genuine emergencies. Most states require 24-48 hours written notice with a stated reason for entry. Your landlord has the right to enter for: repairs (that you requested or that are necessary), showing the unit to prospective tenants (usually only in the last 30-60 days of your lease), routine inspections (with notice, at reasonable times), and emergencies (fire, flooding, gas leak). Your landlord does not have the right to enter for arbitrary reasons, to harass you, or without notice. If your landlord repeatedly enters without notice, document each incident and file a complaint with your local housing authority.
What can I do if my landlord will not make repairs?
Step 1: Send a written repair request (email) with a reasonable deadline (7-14 days for non-emergencies). Step 2: If no response, send a second written notice referencing your state's habitability requirements. Step 3: Contact your local building or housing code enforcement office to request an inspection. Step 4: Depending on your state, you may have the right to: repair and deduct (hire a contractor and deduct the cost from rent), withhold rent until repairs are made (deposit rent in an escrow account), or terminate the lease if conditions are uninhabitable. Document everything with photos and written communications. Never withhold rent without understanding your state's specific rules, as improper rent withholding can be grounds for eviction in some states.
Can my landlord raise my rent by any amount?
In areas without rent control, landlords can generally raise rent by any amount at the end of a lease term with proper notice (30-90 days depending on state). During a fixed-term lease, rent cannot increase unless the lease specifically allows it. In rent-controlled areas (New York City, San Francisco, Los Angeles, and others), annual increases are capped (typically 3-10%). Oregon and California have statewide rent increase caps (Oregon: 10% plus CPI per year; California: 5% plus CPI or 10%, whichever is lower). Retaliatory rent increases (in response to you filing a complaint or exercising a legal right) are illegal in most states regardless of rent control status.